Legal Opinion

Bradley v. West Chester Street Railway

Supreme Court of Pennsylvania

Decided February 26, 1894No. Appeal, No. 63PublishedCited by 6 opinions

Appeal, No. 63, July T., 1893, by plaintiff, D. Hiester Bradley, from order of C. P. Chester Co., April T., 1893, No. 45, directing sale of property of plaintiff, set apart under debtor’s exemption, to pay master’s fee.

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Appeal, No. 63, July T., 1893, by plaintiff, D. Hiester Bradley, from order of C. P. Chester Co., April T., 1893, No. 45, directing sale of property of plaintiff, set apart under debtor’s exemption, to pay master’s fee. Petition to sell property set apart as debtor’s exemption, under act of April 9, 1849, P. L. 533. From the record it appeared that plaintiff filed a bill in equity praying for an injunction to restrain defendant from trespassing upon and injuring his property in the construction of its railway. The case was referred to a master, who reported in favor of dismissing the bill…

1Opinion of the Court

Opinion by

Mr. Chiee Justice Sterbett,

Plaintiff’s bill to restrain defendant company from trespassing on his premises was so proceeded in, that it was dismissed at his costs, including the master’s fee of $250. On an execution afterwards awarded against him for said costs, he claimed the benefit of the $300 exemption, and property to that amount was appraised and set apart to him. Exceptions to that allowance were sustained; and, for the purpose of collecting the master’s fee, the sheriff was ordered to sell the property which had been appraised and set apart as aforesaid. From that order this…

2Cases cited3 opinions

  1. Pierce's AppealSupreme Court of Pennsylvania · 1883
  2. Lane v. BakerSupreme Court of Pennsylvania · 1854
  3. Janes v. CrowellSupreme Court of Pennsylvania · 1879

3Cited by6 opinions

  1. Novy v. NovySupreme Court of Pennsylvania · 1936
  2. Richardson v. McCloskeyCourt of Appeals of Texas · 1924
  3. Tonuci v. LennonSuperior Court of Pennsylvania · 1958
  4. Patton's EstateSuperior Court of Pennsylvania · 1902
  5. State Mutual Benefit Society v. Jackson, Pennsylvania Court of Common Pleas, Delaware County1929

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